1. The appeal filed by the Defendant (Counterclaim Plaintiff) against the principal lawsuit is dismissed.

2. The part concerning the counterclaim among the judgment of the court of first instance.

1. In the first instance trial, the Defendant filed a claim for counterclaim, and the first instance court rejected the main claim and did not determine the conjunctive claim.

On the other hand, in the case of a preliminary consolidation, several claims are indivisiblely combined into one litigation procedure, and thus, a part of the judgment, such as accepting only the preliminary claims or rejecting only the primary claims and rejecting the preliminary claims, is contrary to the nature of the preliminary consolidation, and is not legally allowed.

Nevertheless, in the event that a judgment was rendered without judging the conjunctive claim while rejecting the main claim, the part of the conjunctive claim, for which the judgment was omitted, shall be transferred to the appellate court for which the judgment was omitted, and it shall not be deemed that such part falls under the omission of the judgment and is still pending in the

(See Supreme Court en banc Decision 98Da22253 delivered on November 16, 2000). Accordingly, in the trial of a party, it is to judge the defendant's preliminary counterclaim.

2. Determination as to the principal lawsuit and the main counterclaim

A. The plaintiff asserts that no joint and several sureties contract was concluded with the defendant, and that the name was stolen to B.

As to this, the defendant directly concluded a joint and several guarantee contract, and even if not, the defendant concluded a joint and several guarantee contract as the plaintiff's agent, and as there are reasonable grounds to believe that the defendant has the right of representation against B, the plaintiff asserts that he bears the responsibility for the joint and several guarantee contract

B. We examine whether the Plaintiff entered into a joint and several guarantee contract with the Defendant.

It is proved that the plaintiff's writing or signature of No. 1 (Joint Guarantee Contract) is the plaintiff.